[HISTORY: Adopted by the City Council of the City of West
Haven 4-13-1970 by Ord. No. 112. Section 142-21D amended at time of
adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments
noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 199.
Housing maintenance and occupancy — See Ch. 127.
Junk dealers and junkyards — See Ch. 131.
Parks and recreation areas — See Ch. 170.
Peddling and soliciting — See Ch. 174.
Posting of bills — See Ch. 178.
Abandoned refrigerators — See Ch. 183.
Abandoned vehicles — See Ch. 216.
Water pollution — See Ch. 224.
This chapter shall be known and may be cited as the "West Haven
Anti-Litter Ordinance."
A.
When not inconsistent with the context, words used in the present
tense include the future, words used in the plural member include
the singular number, and words used in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory.
B.
AIRCRAFT
AUTHORIZED PRIVATE RECEPTACLE
CITY
COMMERCIAL HANDBILL
(1)
(2)
(3)
(4)
GARBAGE
LITTER
NEWSPAPER
NONCOMMERCIAL HANDBILL
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
VEHICLE
For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein:
Any contrivance now known or hereafter invented, used or
designated for navigation or for flight in the air. The word "aircraft"
shall include helicopters and lighter-than-air dirigibles and balloons.
A litter storage and collection receptacle.
The City of West Haven.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet and any other printed
or otherwise reproduced original or copies of any matter or literature
which:
Advertises for sale any merchandise, product, commodity or thing;
Directs attention to any business or mercantile or commercial
establishment or other activity for the purpose of either directly
or indirectly promoting the interest thereof by sales;
Directs attention to or advertises any meeting, theatrical performance,
exhibition or event of any kind for which an admission fee is charged
for the purpose of private gain or profit; but the terms of this subsection
shall not apply where an admission fee is charged or a collection
is taken up for the purpose of defraying the expenses incident to
such meeting, theatrical performance, exhibition or event of any kind
when either of the same is held, given or takes place in connection
with the dissemination of information which is not restricted under
the ordinary rules of decency, good morals, public peace, safety and
good order, provided that nothing contained in this subsection shall
be deemed to authorize the holding, giving or taking place of any
meeting, theatrical performance, exhibition or event of any kind without
a license where such license is or may be required by any law of this
state or under any ordinance of this city; or
While containing reading matter other than advertising matter,
is predomonantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for the private benefit
and gain of any person so engaged as advertiser or distributor.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Garbage, refuse and rubbish, as defined herein, and all other
waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Post Office Department of
the United States in accordance with federal statute or regulation
and any newspaper filed and recorded with any recording officer as
provided by general law and, in addition thereto, shall mean and include
any periodical or current magazine regularly published with not fewer
than four issues per year and sold to the public.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or
any other printed or otherwise reproduced original or copies of any
matter of literature not included in the aforesaid definitions of
a "commercial handbill" or "newspaper."
A park, reservation, playground, beach, recreation center
or any other public area in the city owned or used by the city and
devoted to active or passive recreation.
Any person, firm, partnership, association; corporation;
company or organization of any kind.
Any dwelling, house, building or other structure designed
or used, either wholly or in part, for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard, grounds, walk, driveway, porch, steps,
vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
All put rescible and nonputrescible solid wastes, except
body wastes, including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles and solid market and industrial
wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the city except in public receptacles,
in authorized private receptacles for collection or in official city
dumps.
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such a manner as to prevent it
from being carried or deposited by the elements upon any street, sidewalk
or other public place or upon private property.
No person shall sweep into or deposit in any gutter, street
or other public place within the city the accumulation of litter from
any building or lot or from any public or private sidewalk or driveway.
Persons owning or occupying property shall keep the sidewalk in front
of their premises free of litter.
[Added 10-10-1989 by Ord. No. 286]
No person shall sell or offer for sale upon any public street,
sidewalk or other public place any article whose purpose, whether
intended or by common usage, is to be immediately consumed or used
in such a way as to cause littering. Such articles which are hereby
prohibited shall include but are not necessarily limited to bang-snaps,
spray string and such other similar articles which cause immediate
littering to public places.
No person owning or occupying a place of business shall sweep
into or deposit in any gutter, street or other public place within
the city the accumulation of litter from any building or lot or from
any public or private sidewalk or driveway. Persons owning or occupying
places of business within the city shall keep the sidewalk in front
of their business premises free of litter.
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street or other public place within the
city or upon private property.
No person shall drive or move any commercial truck or other
commercial vehicle with gross weight in excess of five tons within
the city unless such vehicle is so constructed or loaded as to prevent
any load, contents or litter from being blown or deposited upon any
street, alley or other public place, nor shall any person drive or
move any commercial truck or other commercial vehicle with a gross
weight in excess of five tons within the city, the wheels or tires
of which carry onto or deposit in any street, alley or other public
place mud, dirt, sticky substances, litter or foreign matter of any
kind.
No person shall throw or deposit litter in any park within the
city except in public receptacles and in such a manner that the litter
will be prevented from being carried or deposited by the elements
upon any part of the park or upon any street or other public place.
Where public receptacles are not provided, all such litter shall be
carried away from the park by the person responsible for its presence
and properly disposed of elsewhere as provided herein.
No person shall throw or deposit litter into any fountain, pond,
lake, stream, bay or any body of water in a park or elsewhere within
the city.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public place within
the city, nor shall any person hand out or distribute or sell any
commercial handbill in any public place; provided, however, that it
shall not be unlawful on any sidewalk, street or other public place
within the city for any person to hand out or distribute, without
charge to the receiver thereof, any noncommercial handbill to any
person willing to accept it.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle; provided, however, that it shall
not be unlawful in any public place for a person to hand out or distribute,
without charge to the receiver thereof, a noncommercial handbill to
any occupant of a vehicle who is willing to accept it.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any private premises which are temporarily or
continuously uninhabited or vacant.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill upon any private premises if requested by
anyone thereon not to do so or if there is placed on said premises
in a conspicuous position near the entrance thereof a sign bearing
the words: "No Trespassing," "No Peddlers or Agents," "No Advertisement"
or any similar notice indicating in any matter that the occupants
of said premises do not desire to be molested or have their right
or privacy diturbed or to have any such handbills left upon such premises.
A.
No person shall throw, deposit or distribute any commercial or noncommercial
handbill in or upon private premises which are inhabited except by
handing or transmitting any such handbill directly to the owner, occupant
or other person then present in or upon such private premises; provided,
however, that in case of inhabited private premises which are not
posted as provided in this chapter, such person, unless requested
by anyone upon such premises not to do so, may place or deposit any
such handbill in or upon such inhabited private premises if such handbill
is so placed or deposited as to secure or prevent such handbill from
being blown or drifted about such premises or sidewalks, streets or
other public places and except that mailboxes may not be so used when
so prohibited by federal postal laws or regulations.
B.
Exemption for mail and newspapers. The provisions of this section
shall not apply to the distribution of mail by the United States nor
to newspapers, as defined herein, except that newspapers shall be
placed on private property in such a manner as to prevent their being
carried or deposited by the elements upon any street, sidewalk or
upon private property.
No person in an aircraft shall throw out, drop or deposit within
the city any litter, handbill or any other object.
No person shall post or affix any notice, poster or other paper
or device calculated to attract the attention of the public to any
lamppost, public utility pole or shade tree or upon any public structure
or building, except as may be authorized or required by law.
No person shall throw or deposit litter on any occupied private
property within the city, whether owned by such person or not, except
that the owner or person in control of private property may maintain
authorized private receptacles for collection in such a manner that
litter will be prevented from being carried or deposited by the elements
upon any street, sidewalk or other public place or upon any private
property.
The owner or person in control of any private property shall
at all times maintain the premises free of litter; provided, however,
that this section shall not prohibit the storage of litter in authorized
private receptacles for collection.
No person shall throw or deposit litter on any open or vacant
private property within the city, whether owned by such person or
not.
A.
Notice to remove. The Health Officer is hereby authorized and empowered
to notify the owner of any open or vacant private property within
the city or the agent of such owner to properly dispose of litter
located on such owner's property which is dangerous to public
health, safety or welfare. Such notice shall be by registered mail,
addressed to said owner at his last known address.
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within 10 days after receipt of written notice provided for in Subsection A above or within 15 days after the date of such notice, in the event that the same is returned to the City Post Office Department because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Health Officer is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the city.
C.
Charge included in tax bill. When the city has effected the removal
of such dangerous litter or has paid for its removal, the actual cost
thereof, plus accrued interest at the rate of 6% per annum from the
date of the completion of the work, if not paid by such owner prior
thereto, shall be charged to the owner of such property on the next
regular tax bill forwarded to such owner by the city, and said charge
shall be due and payable by said owner at the time of payment of such
bill.
D.
Recorded statement constitutes lien. Where the full amount due the city is not paid by such owner within 30 days after the disposal of such litter as provided for in Subsections A and B above, then and in that case the Health Officer shall cause to be recorded in the City Clerk's office a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty of 1/2% per month in the event that the same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
[Amended 2-27-1989 by Ord. No. 278]
[Amended 7-24-2006]
Any person violating any of the provisions of this chapter shall
be deemed guilty of a misdemeanor and, upon conviction thereof, shall
be fined in the amount of $150. Each day such violation is committed
or permitted to continue shall constitute a separate offense and shall
be punishable as such hereunder.
